[DOWNLOAD] "Stephens v. Mcbride" by Supreme Court of Illinois * Book PDF Kindle ePub Free

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eBook details

• Title: Stephens v. Mcbride
• Author : Supreme Court of Illinois
• Release Date : January 04, 1983
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

The present appeal arises out of an action brought by Richard and Theodor Wanland to recover rent under the terms of a residential apartment lease. Plaintiffs alleged that defendants James and Velma Beavers had leased the premises from them but were later forced to vacate the apartment after extensive flooding occurred on December 3, 1982. Plaintiffs further alleged that, pursuant to the terms of the lease, they repaired the apartment within seven days of the flooding, but defendants refused to re-enter the premises or pay any further rent. Defendants denied that the premises were habitable and counterclaimed for damage to various items of personal property sustained as a result of the flooding. Defendants alleged that the sewer system in the apartment complex was in disrepair and inadequate, that plaintiffs were aware of a chronic flooding problem since flooding had occurred frequently in the past, and that plaintiffs allowed the sewer system to remain in disrepair after they were advised by the city of Elgin that the sewer system was inadequate and after the city had ordered them to repair it. Following a bench trial, judgment was entered in favor of defendants for $1,910 in damages plus costs. On appeal, plaintiffs contend: (1) that the judgment was against the manifest weight of the evidence; (2) that the trial court admitted improper evidence; and (3) that defendants were allowed to plead ordinance violations in an improper manner. We affirm.

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